Jones v. Plummer
Jones v. Plummer
Opinion of the Court
THE event of this cause depends on the validity of the following entry, which is asset ted by the bill, and sustained by the court below, against, an elder grant.
“ May 18th, 1780 — Michael Haynes enters 1000 acres upon a treasury warrant, on the waters of the North Fork of Licking, about sixteen miles, a northeast course, from the Upper Blue-Lick, to rúnup and down the branch for quantity.”
The Upper Blue.Lick is proved to have been notorious, before and at the date of the entry j but there is no proof that the North Fork of Licking was known by that name, until thirteen years after the entry was made.
It is a strong objection to this entry, that it gives the subsequent enquirer such a distance to travel, before it could be tound. It has never yet been decided, how great a distance would be unreasonable. Perhaps, where another object is pointed out at the end of the search, which, if not notorious, was so minutely described, and was so conspicuous, that it could be easily found and certainly discriminated from other objects of the same nature, a distance ef considerable
These objections we deem fatal to this entry, and the circuit court erred in sustaining it.
The decree must, therefore, be reversed with costs, and directions to the court below there to dismiss the bill with costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.